In the News

Jason Bloom in Yahoo Finance: Could Aereo Come Back from the Dead?

Controversial online television service Aereo is trying to make a comeback, after the Supreme Court ruled last month it was violating copyright laws by transmitting local channels over the Internet.

Now Aereo says in a new court filing that it wants to be treated just like cable TV carriers, which are entitled to carry local broadcast channels if they pay a government-set compulsory license fee. That’s the opposite of what the Barry Diller-backed startup had argued for the past two years, when it claimed to be providing customers with individual service via thousands of tiny TV antennas. >>

Jason Bloom in Inc.: What the Aereo Decision Means for Tech and Cloud Computing

As Aereo gropes for a way forward after a U.S. Supreme Court ruling all but shuttered it on June 25, most experts who have followed the case do not seem overly concerned that the decision could have broader repercussions for the tech industry. >>

Jason Bloom in Forbes: Aereo Loses Big As Supreme Court Calls It Equivalent To Cable TV

Aereo, the Barry Diller-backed startup that thought it found a way around copyright laws by giving every subscriber their own dime-sized television antenna mounted in a server rack, was dealt a potentially fatal blow by the U.S. Supreme Court in a decision that likened the streaming service to conventional cable TV. >>

Jason Bloom in Law360: Lawyers Weigh In On Supreme Court's Aereo Ruling

The U.S. Supreme Court on Wednesday ruled that online television streaming service Aereo Inc. violates copyright law by retransmitting over-the-air programming without authorization. Here, attorneys tell Law360 why the decision in American Broadcasting Companies Inc. v. Aereo Inc. is significant. >>



Recent Publications

Supreme Court Pulls the Plug on Aereo

The Supreme Court today ruled that Aereo’s system for transmitting over-the-air television broadcasts through the Internet violates copyright law. In a 6-3 decision, with Justice Breyer writing for the majority, the Court ruled that Aereo both “performs” the television broadcasts at issue and does so “publicly.” >>

The IP Beacon, June 2014

The IP Beacon is a Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law. >>

IP Today Guest Article: Supreme Court's Aereo Ruling Could Have Far-Reaching Effects

On April 22, 2014, the full nine-judge bench of the U.S. Supreme Court heard oral arguments in American Broadcasting Companies Inc., et al., v. Aereo, Inc. The Court is expected to issue an opinion this month as to whether Aereo’s system, which captures over-the-air television broadcasts and makes them available to its customers over the Internet, violates copyright law. >>

Federal Circuit Holds Java API Code Copyrightable, Revives Oracle’s Billion-Dollar Suit Against Google

The Federal Circuit today overruled a federal district judge and held that Oracle’s API computer source code qualifies for copyright protection, potentially breathing new life into Oracle’s billion-dollar lawsuit against Google. >>



Jason P. Bloom

Partner

Dallas


2323 Victory Avenue
Suite 700
Dallas, 75219
T +1 214.651.5655
F +1 214.200.0396

Áreas de Practica

Educación

  • J.D., Southern Methodist University Dedman School of Law, 2004, cum laude
  • B.A., Southern Methodist University, 2001, cum laude

Bar Admissions

  • Texas

Court Admissions

  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. Court of Appeals for the Fifth Circuit
  • United States Supreme Court

Judicial Clerkships

Law Clerk to the Honorable Don D. Bush, United States Magistrate Judge, U.S. District Court for the Eastern District of Texas, 2004-2006.
Jason P. Bloom

Jason Bloom is a partner in the Litigation Section and a member of the Business Litigation, Intellectual Property Litigation, and Social Media Practice Groups at Haynes and Boone. Jason's intellectual property experience includes representing clients in copyright, trademark, patent and trade secret disputes. Jason has also successfully represented clients in disputes involving media law and the First Amendment, Internet publications, domain name acquisition and ownership, software and source code, and enforcement of non-competition agreements. Additionally, as a part of his social media practice, Jason protects brands in regard to smart phone applications, social networking websites, and blogs.

Jason was selected for inclusion in Texas Super Lawyers - Rising Stars Edition (2011-2014).

Selected Client Representations

Appellate Court Victories

  • Briefed and argued response to appeal of copyright infringement verdict to the Fifth Circuit Court of Appeals and obtained full affirmance of trial court’s judgment in favor of our clients. Assisted with response to petition for writ of certiorari to United States Supreme Court and obtained denial of petition.
  • Briefed and argued response to appeal of final judgment in defamation matter to the Fifth District Court of Appeals in Dallas and obtained full affirmance of judgment in favor of our clients.

Trial Court Victories

  • Successfully defended 9-day copyright infringement trial brought in federal court by nationally syndicated radio host and book author seeking more than $13 million in damages by obtaining complete defense victory, declaratory relief in favor of clients, and substantial award of defense costs.
  • Obtained summary judgment on behalf of intellectual property investigations and acquisitions company in federal lawsuit alleging fraud in a domain name acquisition transaction and seeking $6 million in damages.
  • Obtained summary judgment on behalf of magazine publisher, author, and current and former police officers on First Amendment and statutory grounds in lawsuit asserting claims for libel, libel per se, tortious interference, and intentional infliction of emotional distress.
  • Represented respondent in enforcement proceeding before the International Trade Commission involving allegations of patent infringement and trade secret misappropriation regarding integrated circuits.
  • Participated in trial resulting in $123 million verdict for client, an auto parts manufacturer, against chemical company found liable for chemical explosion at manufacturing plant.
  • Obtained summary judgment on behalf of client in dispute regarding entitlement to insurance proceeds resulting from burglary at manufacturing facility.
  • Obtained final judgment and attorneys' fees in favor of client in dispute regarding client's copyrights in software and source code used to run DVR products.
  • Secured permanent injunctive relief on behalf of client in copyright dispute involving client's copyrighted buckle sets and decorative conchos.
  • Instituted numerous seizure actions in copyright and trademark infringement disputes resulting in successful seizures of infringing items and injunctive relief on behalf of client.

Publications and Presentations

  • "Supreme Court's Aereo Ruling Could Have Far-Reaching Effects," co-author, Intellectual Property Today, June 10, 2014.
  • "GoDaddy Cybersquatting Case May Affect Parked Web Pages," co-author with David Bell, Law360, August 19, 2013.
  • "Two Cases, Two Coasts, Two Completely Different Results," presented to the Intellectual Property Section of the Dallas Bar Association, March 2013.
  • "Texas Court of Appeals Applies Reporter’s Privilege in the Defamation Context," Media Law Resource Center Guest Article, September 20, 2012.
  • "Implementation of the New Eastern District of Texas Model Order for E-Discovery in Patent Cases: Process and Current Outcomes" served on panel and prepared associated paper presented nationally as American Law Institute CLE, June 12, 2012.
  • "Saturday Newsroom Workshop" served on panel presentation to media personnel at Southern Methodist University discussing legal issues affecting media. October 29, 2011.
  • "Dallas Bar Association Philbin Awards" served as presenter (2009-2010) and judge (2010-2012).
  • "Annual Review of Litigation, Chapter 3: Appellate Practice," contributor, with Kendyl Hanks and Mark Trachtenberg, American Bar Association, Section of Business Law, April 2011.
  • "Media Privacy and Related Law: Survey of Texas Privacy and Related Claims Against the Media," contributor with Thomas J. Williams, David H. Harper, Donald D. Jackson, Laura Prather, Thomas S. Leatherbury, Marc A. Fuller, Sean W. Kelly, Lisa R. Halem, and Tyler J. Bexley, Media Law Resource Center, 2007-2013.
  • "Skip the Copyright Office and Proceed Directly to Suit?" State Bar of Texas Intellectual Property Law Section Newsletter, Fall 2010.
  • "Insights into Journalism in the Law," presented with David H. Harper, 2007-present.

Selected Representative Experience


Argo Data Res. Corp. v. Shagrithaya, 380 S.W.3d 249 (Tex. App.—Dallas Aug. 29, 2012, pet. denied)
Obtained reversal and rendition of take-nothing judgment in favor of corporate client on appeal of alleged shareholder oppression claim in which trial court had ordered that corporation be caused to issue an $85 million dividend.

Arisma Group, LLC v. Marksmen, Inc., et al.
Obtained summary judgment on behalf of domain name investigations and acquisitions company in federal lawsuit alleging fraud and negligent misrepresentation in a domain name acquisition transaction and seeking $6 million in damages.

Baisden v. I’m Ready Productions, Inc., 693 F.3d 491 (5th Cir. 2012), cert. denied, 568 U.S. _____ (U.S. March 18, 2013)(No. 12-803)
Complete defense victory, including declaratory judgment and substantial award of costs after nine-day federal court jury trial in lawsuit brought by nationally syndicated radio host and book author against production company, DVD distribution company, and national promoter. The Plaintiff had asserted claims for copyright infringement, unfair competition by misappropriation, breach of contract, civil conspiracy, and tortious interference with business relations. Prevailed on appeal before the Fifth Circuit Court of Appeals and responded to Petition for Writ of Certiorari to United States Supreme Court, obtaining denial of petition and final affirmance of verdict in favor of clients.

Carolyn Flores v. Lowe’s Companies, Inc.
Defended copyright infringement lawsuit related to use of song in national advertising campaign.

CTA Acoustics, Inc. v. Borden Chemical, Inc., et al.
Assisted with trial resulting in $123 million verdict for client, an auto parts manufacturer, against chemical company found liable for failure to warn of the explosive properties of the chemical Durite, which caused a catastrophic explosion at manufacturing plant.

Excelsior Capital Marketing, et al. v. Plastic Pallet Production, Inc., et al.
Obtained summary judgment in favor of defendants in lawsuit seeking more than $250,000 in insurance proceeds related to burglary at manufacturing facility. The Plaintiff had asserted claims of breach of contract, fraud, negligent misrepresentation, unjust enrichment, and civil conspiracy.

General Solutions, LP v. Speco Technologies
Represented plaintiff in copyright infringement lawsuit regarding DVR software.

Hewlett-Packard Company v. Wistron Corporation
Defended international computer company in patent infringement lawsuit.

Indiana Charitable Trust v. Trevor Rees-Jones
Successfully represented oil and gas entrepreneur in federal court lawsuit alleging fraud-based claims based on redemption of LLC membership interests. Obtained dismissal of all claims on personal jurisdiction grounds.

Nelson v. D Magazine Partners, LP, 377 S.W.3d 824 (Tex. App.—Dallas 2012)
Obtained summary judgment on First Amendment and statutory defenses in lawsuit alleging libel libel per se, republication, defamation, tortious interference with employment, and intentional infliction of emotional distress against magazine publisher, author, and current and former police officers. Prevailed on appeal in the Fifth District Court of Appeals.

Shagitahya v. Martin and ARGO
Defense of claims of minority shareholder oppression and request for dividend from company to all shareholders.

Strange v. HRsmart, Inc., et al.
Obtained summary dismissal of claims against company by former employee alleging invasion of privacy related to company's use of employee's Facebook profile on litigation pleading. Obtained affirmance of dismissal before the Fifth District Court of Appeals.

Tandy Leather Factory, Inc. v. W. Alboum Hat Co.
Represented designer of leather craft supplies in copyright infringement lawsuit regarding decorative buckles and conchos.

Thompson Advisory Group, Inc. v. First Horizon National Corporation
Defended national bank in lawsuit asserting breach of contract, theft of services, and quantum meruit related to telecommunications consulting services.

Vikon International, Inc. v. Sensorlogic, Inc.
Defended lawsuit asserting claims for copyright infringement, declaratory judgment, breach of contract, negligent misrepresentation, tortious interference, misappropriation, business disparagement, and unjust enrichment regarding ownership of source code related to remote access road sign messaging system and obtained dismissal of copyright infringement and related claims.

Memberships

  • Federal Bar Association, Dallas Chapter, President-Elect
  • American Bar Association
  • Phi Delta Phi Legal Fraternity
  • Patrick E. Higginbotham American Inn of Court, 2012
  • Judge Paul Brown Inn of Court
  • Dallas Bar Association Media Relations Committee
    • Committee Chair, 2010
    • Committee Vice Chair, 2009
  • Dallas Bar Association Publications Committee
  • Dallas Bar Association Judiciary Committee
  • Aircraft Owners and Pilots Association
  • Northaven Park Neighborhood Association, Secretary

Online Publications

06/25/2014 - Supreme Court Pulls the Plug on Aereo
The Supreme Court today ruled that Aereo’s system for transmitting over-the-air television broadcasts through the Internet violates copyright law. In a 6-3 decision, with Justice Breyer writing for the majority, the Court ruled that Aereo both “performs” the television broadcasts at issue and does so “publicly.”

06/21/2014 - The IP Beacon, June 2014
The IP Beacon is a Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

06/20/2014 - Supreme Court to Determine Legality of TV Retransmissions Over the Internet

06/10/2014 - IP Today Guest Article: Supreme Court's Aereo Ruling Could Have Far-Reaching Effects
On April 22, 2014, the full nine-judge bench of the U.S. Supreme Court heard oral arguments in American Broadcasting Companies Inc., et al., v. Aereo, Inc. The Court is expected to issue an opinion this month as to whether Aereo’s system, which captures over-the-air television broadcasts and makes them available to its customers over the Internet, violates copyright law.

05/09/2014 - Federal Circuit Holds Java API Code Copyrightable, Revives Oracle’s Billion-Dollar Suit Against Google
The Federal Circuit today overruled a federal district judge and held that Oracle’s API computer source code qualifies for copyright protection, potentially breathing new life into Oracle’s billion-dollar lawsuit against Google.

09/30/2013 - The IP Beacon, September 2013
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

08/19/2013 - Law360 Guest Article: GoDaddy Cybersquatting Case May Affect Parked Web Pages
For registrars, domain name typos can mean big business — and big profit. But a California federal judge recently found that GoDaddy’s Parked Pages Program does not qualify for safe harbor protection under the Anticybersquatting Consumer Protection Act (“ACPA”).

10/12/2012 - The IP Beacon, October 2012
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

10/03/2012 - Eastern District of Texas Issues New Model Order Regarding E-Discovery in Patent Cases
At the Eastern District of Texas Judicial Conference on September 27, 2011, Federal Circuit Chief Judge Randall Rader unveiled a new Model Order Regarding E-Discovery in Patent Cases during his remarks.

09/20/2012 - Media Law Resource Center Guest Article: Texas Appeals Court Applies Reporter’s Privilege in the Defamation Context
A Texas court of appeals has ruled that even without the protection of the state’s new shield law, a journalist sued for libel has a qualified First Amendment privilege not to divulge confidential sources. Nelson, et al. v. Pagan, et al., No. 05- 09-01380-CV (Tex. Civ. App.—Dallas Aug. 8, 2012) (Morris, Francis, and Lang-Miers, JJ.).

10/01/2010 - The IP Beacon, October 2010

09/08/2010 - Skip the Copyright Office and Proceed Directly to Suit?

06/12/2009 - The IP Beacon, June 2009
"The IP Beacon" is a Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

05/12/2009 - False Press Release by Patent Infringement Defendants Nets District Court Sanctions
The United States District Court for the Eastern District of Virginia recently issued significant sanctions against three defendants to a patent infringement suit. The case, American Science and Engineering, Inc. v. Autoclear, LLC, No. 2:07-CV-415 (E.D. Va. 2007), was filed on September 13, 2007 and involves claims that the Defendants, Autoclear, LLC, Control Screening, LLC, and Scan-Tech Security, L.P. (apparently related companies) infringed certain patents owned by Plaintiff American Science and Engineering, Inc. (“AS&E”).